The Madras High Court has made it clear that the widow of a government servant, whose service is less than a year-old, is entitled to family pension.
"As per Rule 49 (2) of the TN Pension Rules, even if the government servant rendered less than one year of service, the widow is entitled to family pension," Justice D Hariparanthaman said.
The judge was disposing of petitions filed by the wife and daughter of K Chandrasekhar who joined service as office assistant on November 25, 1987 and died in June 13,1988.
The judge directed the Health and Family Welfare departments to send necessary proposals for family pension and for DCRG (Death-cum-Retirement Gratuity) pending from 1998.
Since there were rival claims, the petitioners were directed to obtain succession certificate from the competent authority. Accordingly, they filed a suit, showing the rival claimants as defendants. The civil court declared that the petitioners were legal heirs of the deceased in 1995. Even after that, the petitioners were not paid DCRG following which they filed the present petitions.
In its reply affidavit, the Health and Family Welfare department stated that as per TN pension Rules, the DCRG of two months' pay has to be paid for a person who has rendered less than one year of service and died.
It was not clear whether DCRG was paid. However, in the reply affidavit, there was no whisper of the family pension payable to the wife of the government servant if he dies within a period of one year,the judge added.
After perusing the affidavit, the judge said "since the rule provides for family pension, the department is directed to send necessary proposal for family pension and for DCRG to the Principal Accountant General within four weeks.
Since the death occurred a long time back, the department was directed to pay interest on the belated settlement of pension at 10 per cent.
"If the DCRG is not paid so far, the same shall also be paid with interest. On receipt of such proposal, the Principal Accountant General is directed to authorize the same, so that there cannot be any further delay in payment of family pension to the petitioner who is a widow agitating for family pension...", the judge said.
